The Guardian (USA)

How much does Spotify really pay Apple?

- Alex Hern

The tech industry is one of the most valuable sectors on the planet, but it ultimately rests on the unpaid labour of an alarmingly small amount of hobbyists.

That reliance is the blessing, and the curse, of open source software – coding projects put up on the internet for anyone to use, freely, in their own work. Some open source software solves simple problems elegantly enough that no one wants to redo the work unnecessar­ily; others tackle complex tasks that few have ever attempted.

This is no secret. In August 2020, you may have seen webcomic xkcd comment on the problem, with a cartoon depicting “all modern digital infrastruc­ture” as a wobbly tower of bricks relying on “a project some random person in Nebraska has been thanklessl­y maintainin­g since 2003”.

Or, a year later, a viral tweet by Druthers Haver:

The jokes are based on reality. In 2016, a developer was told to change the name for a piece of software of his called kik, after the creators of an unrelated messaging app with the same name asked for the name to be assigned to them. In response, he unpublishe­d kik, as well as everything else he’d made – which included a small piece of code called left-pad, which was used by thousands of other programs. Owing to the way left-pad was distribute­d, through a service called a “package manager”, those programs began failing in minutes, as they tried to update themselves to a new version of left-pad that didn’t exist. And then the programs that incorporat­ed thoseprogr­ams began to fail as well. It took two and a half hours to catch and fully fix the problem.

Before that, there was heartbleed. In 2014, researcher­s found a crippling bug in a piece of software called OpenSSL, which websites used to enable the encryption standard that keeps credit cards and passwords safe online. Maintained, again, by a few volunteer developers, OpenSSL solved a common problem simply and easily, meaning that it was the go-to way of adding good-enough security to your website. Except it wasn’t. The developers hadn’t noticed a bug in the code which could be used to access data that was supposed to be encrypted – and which had been sitting there for more than two years. Seven years later, the same basic thing happened again, in a different open source utility called Log4j.

Giving software away for free is great for a whole host of reasons – but quite bad at funding continued developmen­t of that software. There have been loads of attempts to fix that, from models of developmen­t where the software is free but the support is paid, to big companies directly hiring maintainer­s of important open-source projects. Lots of projects have ended up in a tip or supporter-focused model (remind you of anyone?), which can work for big complex tasks but falls down for some of the simplest – yet most widely used – pieces of work.

And then, there’s this:

What was supposed to happen: a crypto-based system would give you micropayme­nts for working on open source software, and redistribu­te tokens from users to contributo­rs.

What actually happened: crypto fans flooded open source projects with low-effort alteration­s in an effort to become the “owner” of various highly used projects, resulting in already overwhelme­d volunteer coders having to sift through spam and worse rather than work, or raise money.

It’s good that there’s growing awareness of the problem, but the solution clearly needs some work.

The curious case of the hundred bucks

Apple has been hit with its first-ever fine from the EU. At “over €1.8bn”, it’s straight in at number three in the bloc’s highest penalties ever. From our story:

The EU’s rules set the level of the fine at “15-25%” of the affected revenues, which would have been peanuts given the scale of Apple Music in Europe, so the regulator added a lump sum of €1.8bn to top it up to an amount that may actually provide some deterrence.

We’ve covered Apple a lot here at TechScape recently (earlier on this very fine, and on the company’s compliance with the digital markets act, coming into force on Thursday), so I won’t dote on it too much. Except there is something weird here.

In its response, Apple vowed to appeal the ruling, and was insistent that its App Store model provides good value for developers – allowing the likes of Spotify to grow to the scale it is without ever paying a commission on its revenue from iPhone users.

And there’s something bugging me. Here are a few quotes from Apple’s lengthy public reply to the EU:

Except … Spotify, like every business on the App Store, pays Apple a $99 annual fee to be part of the Apple Developer Program.

In the context of a clash between two multibilli­on-dollar companies, $99 a year rounds to zero, of course. But, with 34 million registered developers, this is a business worth at least $100m a year to Apple (since some developers, including nonprofits and government agencies, do get a waiver).

I get it – saying “Spotify pays Apple nothing” is a much stronger lobbying position than “Spotify pays Apple just $99 a year, the same as every other developer”. But only if it is, you know, true. And Apple makes hundreds of millions of dollars a year from charging that fee to developers as standard, which complicate­s the narrative that the App Store is only funded by commission on sales.

And, of course, Spotify pays Apple millions of dollars a year for the devices it uses to create software for the company’s App Store. You cannot develop iOS apps without a Mac. Is it possible that Spotify acquires every Mac and iOS device it uses in the course of its operations second-hand, deliberate­ly avoiding handing any money to Apple? Sure, I guess. Is it likely? Come on now.

I tried asking Apple how they squared this, and a spokespers­on repeated the claim that Spotify paid $0 to Apple. When I asked if I could explicitly write that “Apple claimed that Spotify is not charged the developer fee”, though, the company stopped replying to my emails. Spotify had no such bashfulnes­s, and confirmed that they pay the fee like all major developers.

There’s a chance this is simply me getting unhealthil­y obsessed with a point of principle. As a journalist, I value truth, and bristle at spin that, in my opinion, crosses the line into falsehoods. Maybe none of this matters. But… it doesn’t look good, does it?

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 ?? ?? Open source software solves simple problems, but it isn’t perfect. Photograph: alexsl/Getty Images
Open source software solves simple problems, but it isn’t perfect. Photograph: alexsl/Getty Images
 ?? ?? Apple has received its first fine from the EU. Photograph: Donisl/Alamy
Apple has received its first fine from the EU. Photograph: Donisl/Alamy

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